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Effective rate of basic duty of customs on specified goods imported by
persons returning to India after a period of not less than one year of stay
abroad or under Transfer of Residence Rules, 1978 as part of bonafide baggage
Notification No. 137 dated 20th
March 1990 (As
amended by notifications 156/90, 164/90 and 39/91 (NT), 106/91(NT), 46/92(NT),
3/93(NT), 8/93, 92/94, 101/95, 49/98, Notification No. 20 dated 1st
March 2001, Notification No. 24 dated 1st March 2002)
In exercise of
the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962
(52 of 1962), the Central Government, being satisfied that it is necessary in
the public interest so to do, hereby exempts the goods specified in column (2)
of the Table annexed hereto, falling under heading no.98.03 of the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported by -
(a) any person holding a valid
passport issued under the Passport Act, 1967 (15 of 1967) and returning to India
after having stayed abroad for atleast 365 days during the two years immediately
preceding the date of arrival in India; or;
(b) any person on a bonafide
transfer of residence to India as part of his bonafide baggage, from so much of
the duty of customs leviable thereon under the said First Schedule as is in
excess of the amount calculated at the rate of 30% ad valorem, subject to the
following conditions, namely:-
In case of (a) above, -
(i)
such person has been working abroad and is returning to India on
termination of such work after having stayed abroad for atleast 365 days during
the two years immediately preceding the date of arrival in India;
(ii)
such person affirms by a declaration that the goods have been in his
possession abroad or, the goods are purchased by such person at the time of his
arrival, but before clearance from customs, from the duty free shop located in
the arrival hall of the international airports;
(iii)
Omitted
(iv)
the goods (other than those purchased from the duty free shops at the
time of arrival of such passenger) not accompanying such passenger were shipped
or dispatched or arrived within the time limits specified in the Baggage Rules,
1998; and
(v)
in respect of such goods, not more than one unit shall be permissible to
such person and the total aggregate of value of the such goods shall not exceed
rupees seventy five thousand.
In case of (b) above, -
(i)
such person has been residing abroad for a minimum period of two years
immediately preceding the transfer of residence and has not availed this
concession in the preceding three years.
(ii)
such person affirms by a declaration that the goods have been in his
possession abroad or, the goods are purchased by such person at the time of his
arrival, but before clearance from customs, from the duty free shop located in
the arrival hall of the international airports;
(iii)
Omitted
(iv)
the goods (other than those purchased from the duty free shops at the
time of arrival of such passenger) not accompanying such passenger were shipped
or dispatched or arrived within the time limits specified in the Baggage Rules,
1998;
(v)
not more than one unit of each item of such goods shall be permissible
per family and the person claiming the benefit of this notification affirms by a
declaration that no other member of the family had availed of, or would avail
of, the benefit of this notification in respect of that item; and
(vi) the total aggregate value of such goods
shall not exceed Rs. 5 lakh (Rupees Five lakhs).
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S.
No.
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Goods
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(1)
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(2)
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1.
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Colour Television/ Monochrome Television.
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2.
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Video Cassette Recorder/ Video Cassette Player/
Video Television Receiver/ Video Cassette Disc Player.
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3.
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Digital Video Disc Player
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4.
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Video Home Theatre System
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5.
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Washing Machine.
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6.
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Electrical/ Liquefied Petroleum Gas Cooking Range
with four or more burners.
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7.
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Dish Washer.
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8.
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Music System.
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9.
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Personal Computer/ Desktop Computer.
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10.
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Notebook Computer/ Laptop Computer.
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11.
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Air-Conditioner.
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12.
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Refrigerator.
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13.
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Deep Freezer.
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14.
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Microwave Oven.
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15.
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Video camera or the combination of any such video
camera with one or more of the following goods, namely: -
(a) Television Receiver;
(b) Sound recording or reproducing apparatus;
(c) Video reproducing apparatus.
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16.
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Word Processing Machine.
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17.
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Fax Machine.
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18.
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Portable Photocopying Machine.
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Explanation: For
the purposes of this notification, -
(i) Omitted
(ii) short visits, if
any, made by the person referred to in clause (b), during the aforesaid period
of 2 years shall be ignored if the total duration of stay on such short visit does not exceed six
months and shortfall upto a period of two months in a person�s stay abroad may
be condoned, by the Assistant Commissioner of Customs if he is satisfied that
the person�s early return to India has been caused by his availing of the
terminal leave or a vacation or by any other special circumstances, provided
that on sufficient cause being shown by the person concerned, the Commissioner
of Customs may condone the period of stay in India in excess of six months.
(iii) family includes
all person who are residing in the same house and form part of the same domestic
establishment.
2. This notification shall
come into force on the 1st day of April 1990.
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